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A constitutional complaint has reportedly been filed in South Korea alleging that the government’s ban on initial coin offerings is unconstitutional. It has been more than a year since token sales were banned in the country but the government has yet to introduce any regulations for them, causing problems for startups.
Constitutional Complaint Filed
South Korean blockchain startup Presto announced on Friday that it has filed a constitutional complaint alleging that the government’s ban on all forms of initial coin offerings (ICOs) in September last year is unconstitutional, local media reported. The company has requested an appeal of the ban, according to Sedaily.
Presto CEO Kang Kyung-won explained that although his company had considered alternative means such as setting up an overseas corporation to issue tokens, the Korea Economic Daily quoted him as saying, “We trusted that the government will foster [this] new industry through follow-up measures.” However, it has been more than a year since the ban and the government has yet to introduce any forms of ICO guidelines or regulations. Kang was further quoted by Sedaily as saying:
As a blockchain startup company, we face a great deal of difficulties due to the ICO ban and the lack of legislation from the government and the parliament for more than a year. I am requesting confirmation of the unconstitutionality of the lack of legislation.
Lawyer Explains Why the Ban Is Unconstitutional
Lawyer Park Ju-hyun, who is in charge of filing this case, explained last week why the government’s ICO measures are unconstitutional, Zdnet Korea reported. He noted that the measures can be subject to a constitutional appeal if a request is filed with the constitutional court.
Park said the ban is unconstitutional on two grounds. The first is that it infringes on “the basic rights of the Constitution,” such as “freedom of occupation, right to property, [and] right to equality,” Sedaily wrote. His “second point is that the basic restrictions were imposed without legal basis,” which he cited Article 37 (2) of the Korean Constitution, the news outlet added.
The lawyer also referenced a recent court case where the court ruled that one of the country’s largest banks, Nonghyup Bank, illegally blocked transactions of cryptocurrency exchange Coinis. He reiterated the importance of “whether there is a legal basis,” noting that the bank’s action was illegal because it was done without a legal basis.
Presto emphasized that the ban infringes on “the right to equality because it arbitrarily discriminates against ICO companies without reason,” compared to initial public offerings or other types of crowdfunding methods, Sedaily conveyed.
Do you think the Korean government’s ICO ban is unconstitutional? What do you think the court will do? Let us know in the comments section below.
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A trader has posted on Twitter alleging that an actor is taking advantage of Bithumb’s 120% fee payback to milk the platform of approximately $ 150,000 USD each day through washtrading.
Twitter Trader Claims Bithumb’s Promotional Fee Schedule is Getting Exploited
The Twitter account of Alex Kruger, a cryptocurrency trader, has posted allegations Bithumb is losing roughly $ 150,000 each day to a single opportunist actor who is exploiting the exchange’s 120% fee payback schedule.
Summarizing his findings, Mr. Kruger asserts that “There currently are USD 250 million of fake volume traded at Korean crypto exchange Bithumb, every day at 11 AM Korean Time, since August/25.”
Trader Alleges Actor is Rorting Bithumb Through Washtrading
Elaborating upon his theory, Mr. Kruger posted “Bithumb offers 120% payback of trading fees as an airdrop,” before quoting Bithumb’s website – “Daily Limit 1 billion KRW, First Come First Served.” As of this writing, 1 billion KRW equates to approximately $ 890,068.
“Trading fees are 0.15% taker,” his post continues. “Wash trading conducted by entering two opposite limit orders => Total fees 0.3%. Rebate is for 120% => 0.36%. To collect the full KRW 1 billion rebate a wash trader must thus trade KRW 278 billion. That is USD 250 million in daily fake volume.”
31,000 BTC Traded at 11 AM on Bithumb Daily
Again citing Bithumb’s “First Come First Served” stipulation, Mr. Kruger links to a chart that shows 31,000 BTC being executed at 11 AM each day, stating “Notice how 31K bitcoin are traded at exactly 11 AM. That represents KRW 252 billion,” also asserting that “The remainder KRW 26 billion are traded in other coins.”
Mr. Kruger concludes that “some smart trader/s are milking […] Bithumb every day,” adding that “The amount traders collect from Bithumb is USD 150,000 daily. Or USD 4.5 million for the duration of the promotion. Expensive marketing campaign.”
News.Bitcoin.com reached out to Bithumb for commentary, however, did not receive a response.
What is your response to the theory that a trader or traders are exploiting Bithumb’s 120% fee payback through washtrading? Share your thoughts in the comments section below!
Images courtesy of Shutterstock, Twitter
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The post Trader Alleges Bithumb is Losing $ 150,000 USD Daily to Washtrading appeared first on Bitcoin News.
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